Australian Rail, Tram and Bus Industry Union v Qube Logistics (Rail) Pty Ltd [2020] FCA 1520

FEDERAL COURT OF AUSTRALIA

Australian Rail, Tram and Bus Industry Union v Qube Logistics (Rail) Pty Ltd [2020] FCA 1520 File number: NSD 968 of 2019

Judge: FLICK J

Date of judgment: 22 October 2020

Catchwords: INDUSTRIAL LAW – interpretation of enterprise agreement – continued entitlement to increases after agreement concludes – meaning of "re-negotiation" – whether meaning is commencement of negotiation with a view to reaching agreement or whether a new agreement is required to be in fact reached INDUSTRIAL LAW – interest on judgment – pecuniary penalties

Legislation: Fair Work Act 2009 (Cth) ss 50, 54, 58, 545, 546, 547

Cases cited: Agricultural and Rural Finance Pty Ltd v Gardiner [2008] HCA 57, (2008) 238 CLR 570 Amcor Limited v Construction, Forestry, Mining and Energy Union [2005] HCA 10, (2005) 222 CLR 241 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813; (2006) 153 IR 426 James Cook University v Ridd [2020] FCAFC 123, (2020) 382 ALR 8 Kucks v CSR Ltd (1996) 66 IR 182 National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451, (2013) 234 IR 139 PIA Mortgage Services Pty Ltd v King [2020] FCAFC 15, (2020) 292 IR 317 Qantas Airways Ltd v Australian Licensed Aircraft Engineer's Association (No 2) [2020] FCA 951 Spunwill Pty Ltd v BAB Pty Ltd (1994) 36 NSWLR 290 Transport Workers' Union of Australia v Linfox Australia Pty Ltd [2014] FCA 829, (2014) 318 ALR 54 United Voice v MDBR123 Pty Ltd (No 2) [2015] FCA 76 WorkPac Pty Ltd v Skene [2018] FCAFC 131, (2018) 264 FCR 536